Mr. Fabrikant has performed tenant evictions since 2000. Mr. Fabrikant’s areas of legal practice include a focus on corporate and business transactions and litigation and started performing Tenant Evictions for Landlords in 2000. Mr. Fabrikant has also represented clients on intellectual property matters such as patents, copyrights, trademarks and trade secrets, including registrations, contract licensing and litigation in state and federal court.

One of our practice areas is Landlord-Tenant evictions. The Eviction Department is supervised by attorney Kevin H. Fabrikant. We perform tenant evictions for large apartment complexes, commercial landlords, property managers, and for individual landlords.

Other Evictions

Eviction Flow Chart

Residential & Commercial Evictions

WHICH NOTICE DO I USE

If the Landlord or Property Manager is having a problem with a Residential or Commercial tenant, before starting an eviction case, a proper Eviction Notice is generally required. The decision of which notice to use can be complicated. The following is a simple guide to help decide which Eviction Notice to use. You can hire us to prepare the Eviction Notice, or you can follow the below-provided Instruction Sheet and complete the applicable Eviction Notice from the following chart. (This is not to be used as the substitute for legal advice by an attorney. Your use of the below Notices is at your own risk).

RESIDENTIAL PROPERTIES

Non-Payment of Rent»Notice to Pay Rent of Vacate

Where the Lease, written or oral, requires payment of regular rent and it is not paid on time.

Where the lease, written or oral, does not expressly deem some payment, other than the regular rent payment due each payment period, as rent such as payment for utilities, payment for parking space, payment for the security deposit that was not paid in full, or other third-party payment that the tenant should be making.

• Depending on the terms of the Lease, where a utility service payment is the requirement of the tenant, and it is not paid. Even if the Landlord makes the utility service payment and the tenant is required to pay back the Landlord, use a Notice to Cure or Vacate.

• BUT, if the utility service payment is made by the Landlord and the written Lease expressly states that such a payment by the Landlord is due back from the tenant as “rent” or “additional rent” than a Notice to Pay Rent or Vacate can be used.

• Depending on the terms of the Lease, where parking fees or laundry equipment fees, or something similar to those expenses, are the requirement of the tenant to pay, and it is not paid.

• BUT, if parking fees or laundry equipment fees, or something similar to those expenses, are made by the Landlord and the written Lease expressly states that such a payment by the Landlord is due back from the tenant as “rent” or “additional rent” than a Notice to Pay Rent or Vacate can be used.

Many associations require a tenant to pay a security deposit to the association. The Lease would not generally call this payment due from the tenant as “rent” or “additional rent” and should not as this money due is a security deposit and not for rent.

Non-Compliance with Lease or Rules or Appropriate Conduct»Notice to Cure

• Where the tenant, or the tenant’s guests presumably under the control of the tenant, does not comply with a term of the Lease or Rules established by the Landlord or Property Manager

• This notice also applies, generally, to other non-monetary obligations of the tenant such as taking out the garbage to the appropriate area, not being too loud or disturbing other neighboring properties, not providing documentation needed by the Landlord and required to be provided by the Tenant, the Tenant not allowing the Landlord or Property Manager access to the property, the tenant having unauthorized persons residing in the property, minor damages caused to the property which the tenant has not repaired.

• NOTE that if the tenant was provided with a Notice to Cure or Vacate and the issue in the notice is either not cured within the required time period or the tenant re-commits the same act within the year, a new notice is not required and the Landlord can proceed with an eviction.

Where the tenant commits a series act which cannot be cured. These include violations of the law such as being caught dealing illegal drugs at the property, assault or battery upon another at the property, serious damage caused to the property.

Tenant Commits a Serious Violation that Can’t be Cured»Notice of Termination

Where the tenant commits a series act which cannot be cured. These include violations of the law such as being caught dealing illegal drugs at the property, assault or battery upon another at the property, serious damage caused to the property.

• Depending on the terms of the Lease, where a utility service payment is the requirement of the tenant, and it is not paid. Even if the Landlord makes the utility service payment and the tenant is required to pay back the Landlord, use a Notice to Cure or Vacate.

• BUT, if the utility service payment is made by the Landlord and the written Lease expressly states that such a payment by the Landlord is due back from the tenant as “rent” or “additional rent” than a Notice to Pay Rent or Vacate can be used.

• Depending the terms of the Lease, where parking fees or laundry equipment fees, or something similar to those expenses, are the requirement of the tenant to pay, and it is not paid.

• BUT, if parking fees or laundry equipment fees, or something similar to those expenses, are made by the Landlord and the written Lease expressly states that such a payment by the Landlord is due back from the tenant as “rent” or “additional rent”, than a Notice to Pay Rent or Vacate can be used.

Many associations require a tenant to pay a security deposit to the association. The Lease would not generally call this payment due from the tenant as “rent” or “additional rent” and should not as this money due is a security deposit and not for rent.

Non-Compliance with Lease or Rules or Appropriate Conduct»Notice to Cure

• Where the tenant, or the tenant’s guests presumably under the control of the tenant, does not comply with a term of the Lease or Rules established by the Landlord or Property Manager

• This notice also applies, generally, to other non-monetary obligations of the tenant such as taking out the garbage to the appropriate area, not being too loud or disturbing other neighboring properties, not providing documentation needed by the Landlord and required to be provided by the Tenant, the Tenant not allowing the Landlord or Property Manager access to the property, the tenant having unauthorized persons residing in the property, minor damages caused to the property which the tenant has not repaired.

• NOTE that if the tenant was provided with a Notice to Cure or Vacate and the issue in the notice is either not cured within the required time period or the tenant re-commits the same act within the year, a new notice is not required and the Landlord can proceed with an eviction.

Where the tenant commits a series act which cannot be cured. These include violations of the law such as being caught dealing illegal drugs at the property, assault or battery upon another at the property, serious damage caused to the property.

Tenant Commits a Serious Violation that Can’t be Cured»Notice of Termination

Where the tenant commits a series act which cannot be cured. These include violations of the law such as being caught dealing illegal drugs at the property, assault or battery upon another at the property, serious damage caused to the property.

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